Daniel Sancho: Differences between Spanish and Thai justice
Introduction
On August 29, the sentence condemning Daniel Sancho to life imprisonment for the premeditated murder of Edwin Arrieta.
This case has been widely known in the media as the Daniel Sancho's conviction and has highlighted the differences between the judicial systems of Spain and Thailand, especially in how the Thai justice handles cases of premeditated murder, where the penalties are much more severe and can include the death penalty.
One of the Main differences between the Spanish and Thai judicial systems, in relation to this case, lies in the composition of the court that determines guilt.
In Spain, the criminal process would have been governed by the Organic Law 5/1995, of May 22, of the Jury Court, in which the decision on guilt or innocence falls to a mixed court made up of citizens and a judge.
On the contrary, in Thailand, this type of Decisions are made exclusively by judges, without the direct intervention of citizens in the deliberation.
This difference is significant in the case of Daniel Sancho, Since the Thai justice does not allow citizen participation in the judicial process.
Prison sentences in Spain
As for penalties, in Spain the crime of homicide is punishable by penalties of imprisonment from 10 to 15 years, Whereas the murder is punishable by prison sentences of 15 25 years.
Prison sentences in Thailand
In Thailand, however, the penalties are considerably more severe: homicide is punishable by death or imprisonment from 15 to 20 years, as well as the premeditated murder with the death penalty.
However, the Thai justice contemplates the possibility of commuting the death penalty to life imprisonment subject to review for Daniel Sancho because the victim is a foreigner.
Structural differences
So much Spain and Thailand are constitutional monarchies with a parliamentary system., in which the judiciary remains independent from the rest of the powers of the State.
However, their judicial structures present some notable differences regarding the composition and powers of the courts.
El Spanish judicial system is organized in different levels of courts ranging from the highest courts to the lowest courts, ensuring that citizens have access to justice through various instances, depending on the type and severity of the case.
Structure of the Spanish judicial system
- Constitutional Court: It is the highest authority responsible for ensuring that laws and decisions comply with the Constitution. It does not belong to the ordinary judicial branch, but is essential for resolving questions of unconstitutionality.
- Supreme Court: It is the highest court within the ordinary judicial branch and has jurisdiction over the entire national territory. It is responsible for reviewing appeals and other important decisions.
- National Court: Specialized in large-scale crimes such as terrorism, organized crime or financial crimes. It has jurisdiction throughout the Spanish territory.
- Superior Courts of Justice:Each autonomous community has its own supreme court, which is responsible for reviewing judicial decisions within its territorial scope.
- Provincial Courts: They are in charge of criminal and civil trials in the second instance within their respective province.
- Courts of First Instance and Instruction: Courts that have jurisdiction to resolve civil and criminal cases in the first instance.
- Peace Courts: They deal with resolving issues of minor importance in small towns.
Thai judicial system structure
For its part, the Thai judicial system, although also independent and autonomous, It has a different structure and is made up of several types of courts that perform specific functions depending on the type of case.
The main structure includes the following courts:
- Constitutional Court: It has the exclusive power to determine whether laws or legislative acts contradict the 2007 Constitution. Its rulings are final, which gives it great authority within the judicial system.
- Supreme Court of Justice: Responsible for reviewing appeals against decisions of the Courts of Appeal and some first instance decisions. In addition, it has jurisdiction over legislative matters and cases of special relevance, such as the loss of voting rights of deputies.
- Courts of Appeal: Review the decisions issued by the Courts of First Instance.
- Courts of First Instance: These are the courts of entry where cases are judged in the first instance, both civil and criminal.
- Administrative Courts: They handle cases involving disputes between citizens and public administrations, ensuring that the government acts in accordance with the law.
Procedural differences
The criminal process in Thailand is divided into three main phases: the pre-trial phase, the trial phase, and the post-trial phase.
Each of these stages ensures that the accused has certain fundamental rights, although the approach and citizen participation are significantly different from the Spanish judicial system, in particular the Jury Court.
Pre-trial phase (Thailand)
The Thai criminal process begins when the police arrest the suspect.
This can be detained for a maximum of 48 hours while being questioned.
During this period, the detainee has the right to:
- Keep silence.
- Have a lawyer.
- Be informed of the accusations and evidence against you.
- Access to effective judicial protection.
Once the suspect appears before the judge, This can extend the detention for 30 more days., until a maximum of 82 days, while the investigation continues.
At the end of the investigation, if The judge considers that there is sufficient evidence To prosecute the accused, a formal accusation is filed with the court, marking the beginning of the trial.
Trial Phase (Thailand)
The trial begins once the formal accusation is presented.
Firstly, The prosecution presents its case, calls witnesses, and offers the evidence it has against the accused.
Later, the defense has the opportunity to present its evidence and witnesses.
El trial is supervised by professional judges, who have the power to determine both the guilt and the punishment of the accused.
Post-trial phase (Thailand)
Once the judge has ruled sentences, the condemned party You have the right to appeal the decision before higher courts, such as the Court of Appeal or the Supreme Court.
This process ensures that the decision can be reviewed if there are procedural errors or evidentiary concerns.
Comparison with the Jury Court process in Spain
En Spain, the criminal process for serious crimes, such as murder, It can be carried out under Organic Law 5/1995, of May 22, of the Jury Court, where the process presents notable differences in several phases.
Pre-trial phase (Spain)
Al same as in Thailand, the accused in Spain has the right to remain silent, to be assisted by a lawyer and to be informed of the accusations against him.
La Pre-trial investigation is conducted by an investigating judge, who decides whether there is sufficient evidence to bring the case to court.
Composition of the court (Spain)
The main opposed lies in the composition of the court.
In the Jury Court, the decision on The blame is placed on citizens randomly selected from the census., together with a professional magistrate presiding over the proceedings.
En Thailand, instead, The decision is made solely by professional judges., without citizen intervention.
Presentation of evidence and verdict (Spain)
During the trial, both sides (prosecution and defense) present their evidence and witnesses, similarly to Thailand.
However, in the Spanish Jury Court system, citizens on the jury deliberate in private and issue a verdict on guilt, whereas in Thailand, the trial is entirely in the hands of the judges.
Resources (Spain)
Al same as in Thailand, the convicted party in Spain has the right to appeal the sentence before higher courts, such as the Provincial Court, the High Courts of Justice or the Supreme Court.
RRYP Global, expert lawyers in criminal law and international .
«Recipe for murder» (Daniel Sancho Series)
skyshowtime has announced its new series Recipe for murder, which will focus on the case of Daniel Sancho, for the murder of Edwin Arrieta.
This series about Daniel Sancho will arrive on the platform in 2025 and consist of five episodes.
La Daniel Sancho series promises to explore in depth the events that led to this crime and the subsequent judicial process.
Directed by José Gómez, the series joins the growing interest in this case, following in the footsteps of other recent productions that have addressed the story of Daniel Sancho.
